Ohio Code 2725.10 – Form of writ when prisoner not in custody of an officer
In case of confinement, imprisonment, or detention by a person not an officer, the writ of habeas corpus shall be in the following form:
Terms Used In Ohio Code 2725.10
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The State of Ohio,___________________County, ss.:
To the sheriff of our several counties, greeting:
We command you that the body of ______________ of _______________, by _______________, of _______________, imprisoned and restrained of his liberty, as it is said, you take and have before ______________, a judge of our _________________court, or, in case of his absence or disability, before some other judge of the same court, at ______________, forthwith to do and receive what our said judge shall then and there consider __________ concerning him in his behalf; and summon the said _________________ then and there to appear before our said judge, to show the cause of the taking and detention of the said _________________________
(Seal) Witness ______________, at _____________, this __________day of ________________, in the year ___________